Last updated: August 9, 2019
1.- Ownership
This site is owned and operated by Tu Nombre S.L. (hereinafter, “the Company”), with registered address at Tu Dirección Aquí, and tax identification number (N.I.F) B75000000.
Email: legal@tudominio.com
TU EMPRESA está inscrita en el Registro Mercantil de CIUDAD, Tomo NÚMERO DE TOMO, folio NÚMERO DE FOLIO, sección SECCIÓN, inscripción NÚMERO DE INSCRIPCIÓN y con hoja NÚMERO DE HOJA.
2.- Acceptance
This website and the service provided (hereinafter, the “Service”) are available to any user and are subject to the following terms and conditions: these Terms of Use and Contracting, our Privacy Policy, and our Cookie Policy.
By using the Service, you accept our terms and conditions. In doing so, you agree not to use this site for any unlawful purposes.
Additionally, please note that, for legal reasons, we archive the electronic documents in which subscriptions to our paid services are formalized. You may access these documents at any time by requesting them at: legal@tudominio.com
3.- Description and Use of the Service
3.1.- Provision
Through the Service, you can ____________________
(complete with the description of the service in question)
3.2.- Use
Users agree to use the Service in accordance with the applicable laws and the terms and conditions of the platform.
Likewise, users agree not to collect data for advertising purposes, send any kind of advertising or communications for sales or other commercial purposes. They may also not make data collected in the Service available to third parties for any purpose.
In case of breaching these obligations, users shall be held liable. Similarly, if they damage, disable, overload, deteriorate, or prevent the normal use of materials and information contained in the Service, the information systems, or the documents, files, and any type of content stored in any computer equipment of the Service, its members, or any user of the Service.
4.- External Links
You may be directed to other websites through links from the Service.
However, the Company has no control over those sites or their content, which are subject to their own terms and conditions. Therefore, the Company is not responsible for the quality, truthfulness, or accuracy of the information contained on those sites.
5.- Age
Regarding registration on our Service or the contracting of any of our products or services, you declare that you are of legal age and have the legal capacity necessary to be bound by this agreement and to use the site in accordance with its terms and conditions, which you fully understand and acknowledge.
If you contract the Service on behalf of a company, you acknowledge having the proper authorization and representation on behalf of the organization for doing so.
You declare that all information provided to access the Service, both before and during its use, is true, complete, and accurate.
6.- Intellectual and Industrial Property
The content and information of the Service (including, but not limited to, data, text, sound, and images), as well as the hardware or software elements used to provide such content and information, are the property of the Company or it has the corresponding authorizations for their use.
Furthermore, modifying, reproducing, duplicating, copying, distributing, selling, reselling, or otherwise exploiting the Service for commercial or equivalent purposes is prohibited.
For any other use of the content of the Service, prior written consent is required from the Company.
7.- User content
You may contribute to the Service by sending messages to our email address, through the contact form, or by sending messages through the platform’s messaging system (hereinafter referred to as “Content”).
We may use your Content in various ways, such as displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting it, or distributing it.
Therefore, by submitting Content to us, you grant the Company a worldwide, non-exclusive, free, transferable, sublicensable license to use that Content.
This means that the Content remains yours, but the Company, thanks to this license, can:
a) Use, reproduce, modify, adapt, translate, distribute, and publish the Content, create derivative works from it, display, and exhibit it worldwide, through any medium known and for any legitimate purpose; and
b) Use the name you submit in relation to that Content.
However, the Company reserves the right not to publish content or information that is false or contrary to the rights of third parties.
8.- Prices and taxes
The prices of the products offered on the Service are indicated in euros (€) and include the applicable value-added tax (VAT) for these services in Spain.
If the customer’s place of residence or domicile is in another European Union member state or a third country, the price of the reservation may be adjusted if the applicable tax rate is different.
9.- Payment and methods
To purchase our products, it is essential to pay the full amount in advance.
The payment for the contracted Service can be made:
- By credit or debit card (VISA or MasterCard), with the amount being charged at the time of purchase of the products.
(Add other payment methods here)
In this regard, the company informs credit and debit cardholders that it is responsible for the transactions on the online store. These transactions are processed on a secure page, using SSL technology to ensure the security of data transmission.
10.- Validity of offers
The products offered in the Service, and their prices, will be available for purchase as long as they are listed in the catalog viewed through the website.
In any case, the company reserves the right to make changes to the Service as it deems appropriate, including updating the functions of the Service according to market conditions.
The prices displayed on the website are indicative. The company reserves the right to change the prices without prior notice.
We inform you that despite the updates made to the Service prices, they may contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.
11.- Exclusion of Warranties and Liability
Unless expressly described in these terms and conditions and to the extent permitted by law, the Company is not liable for any damages of any kind that may arise from the lack of accuracy, completeness, or timeliness, including errors and omissions, of the information contained in the Service.
Similarly, the Company is not responsible for any duty or obligation to verify or monitor its contents and information.
Additionally, the Company does not guarantee the availability and continuity of the operation of the Services. The Company will make efforts to warn in advance of any interruptions that may occur in the operation of the Service, whenever possible.
The Company excludes, to the fullest extent permitted by law, any liability for damages of any nature that may arise from the lack of availability or continuity in the operation of the Service. Similarly, with respect to the failure to meet the utility that users may have attributed to the Service.
Furthermore, the Company excludes any liability for damages of any kind that may arise from the use of the Service and its content by users, clients, or professionals, or that may arise from the lack of truthfulness, validity, or authenticity of the information that users provide about themselves to others. In particular, the Company excludes any liability for damages of any kind that may arise from the impersonation of a third party by a user in any communication made through the Service.
12.- Right of Withdrawal, Returns, and Refunds
12.1.- Right of Withdrawal
All our products are made according to the user’s specifications or clearly personalized, therefore, the right of withdrawal will not apply in accordance with Article 103, letter c) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
(Choose this paragraph if the products are handmade, with specific customer specifications or personalized)
As a user, you have the right of withdrawal within a period of 14 days, starting from the moment you receive the requested product, in accordance with the applicable regulations. To do so, you must complete and send us the withdrawal form included in the Annex via email to legal@tudominio.com.
12.2.- Returns, exchanges and refunds
If, once the product is received, it arrives damaged or in poor condition, the Company allows you to exchange it for a new one within thirty (30) calendar days from the date of receipt, at no additional cost..
(Include this clause and NOT the previous one when the products are not customized nor services that have already begun to be provided).
The returned items must be carefully packaged and include the delivery note. To return an item, contact us at legal@tudominio.com.
If the return cannot be done via regular postal mail, once the request has been confirmed, the carrier will contact you to arrange the day and time of pick-up, with no additional charges.
Furthermore, if a product different from the one you ordered is delivered by mistake, notify us at legal@tudominio.com, and we will deliver the correct product, collecting the first one, with no additional charge for you.
13.- Modifications and Nullity
We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service itself. However, this will not negatively affect the quality of any specific service we have expressly agreed to provide.
We will inform you of any changes to the terms and conditions by placing a notice in a prominent location on our website and/or via email.
If any clause included in our terms and conditions is declared, in whole or in part, null or ineffective, it will only affect that provision or the part of it that is null or ineffective. The remaining terms and conditions will remain in full force, and the provision, or the part of it that is affected, will be considered as not included.
14.- Claims and actions arising from the contract
This Service is governed by Spanish law.
In order to simplify the resolution of claims through civil means and reduce costs, we do not exclude the possibility of submitting to an Arbitration of Equity of the Arbitration Court of the Chambers of Commerce and Industry.
In this regard, and according to the applicable regulations, the Company informs about the existence of an online European dispute resolution platform that facilitates the extrajudicial resolution of such disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr
If the Service is contracted by a company, in case of dispute, the parties submit to the courts of ####CITY_COURTS#### and Spanish legislation.
15.- Contact
If you have any questions about these terms and conditions, please contact us at:
E-mail: legal@tudominio.com
Address: Tu Dirección Aquí
ANNEX – Model for Exercising the Right of Withdrawal
_____________________ (Store or Seller Name)
_____________________ (NIF)
_____________________ (Address)
_____________________ Email:
By this document, I inform you that I withdraw from the sales contract of the following good/service _____________________________ signed with you on the ___ of _______________ of ____________.
Customer’s Personal Information (fill in uppercase letters)
Full Name _____________________________________________________
Address _______________________________________ No. __ Floor ____ Apt. ____
Postal Code __________________
City _____________________
Province ______________________
Phone ______________________
Email ______________
This document will only be valid for up to fourteen (14) calendar days from the receipt of the product or from the date of the service contract.
Date __________________________
Signature:
When you send us the withdrawal document, you consent to the collection and processing of your personal data as outlined in our Privacy Policy. We collect the data to fulfill your request as a customer, with the legal basis for this being the contract. In any case, you may exercise your rights of access, rectification, deletion, restriction of processing, objection, and data portability at any time by postal or electronic mail, as indicated in our Privacy Policy.
